CiteTEXT
...colored link. Arizona had a long arm statute that permitted a court to exercise personal jurisdiction over parties whether found within or outside the state to the maximum extent permitted by the court in...of a long arm statute, having regard to the existing state of law, particularly Section 20, CPC, and the impact, if, any of the Information Technology Act, 2009 on it.... When the defendant refused, the Plaintiff sued him in Miami. Florida had a long arm statute that extended jurisdiction to any person, whether or not a resident of that state, who committed a breach...
...imposing levy of import duty by the State of Punjab in exercise of its powers conferred upon it under Sections 31, 32 and 58 of the Punjab Excise Act, 1914 (hereinafter referred to as “the Punjab Act...statute made by Parliament. An exception thereto has been made in the case of liquor in terms whereof the State Legislature has been empowered to levy excise duty by reason of Entries 8 and 51 of...under the statute. The impugned notifications in no uncertain terms and unequivocally refer to the source of power therefor. The function of the State to impose a fee or tax in terms of the provisions of...
...Law Enforcement”] had surveyed some judicial precedents from USA which dealt with the forensic uses of the narcoanalysis technique. The first reference is to a decision from the State of Missouri...conceptually different.The guidance on the question as to when an old statute can apply to new state of affairs not in contemplation when the statute was...blood pressure and pulse to assess the honesty of persons suspected of criminal conduct. His device was called a hydrosphygmograph. A similar device was used by Psychologist William Marston during...
...that the NDPS Act, being a penal statute, is in contradistinction to the Customs Act, 1962 and the Central Excise Act, 1944, whose dominant object is to protect the revenue of the State, and that...page 21)32. Likewise, in Agnoo Nagesia v. State of Bihar (1966) 1 SCR 134, the Court held:“Section 25 provides:“No confession made to a police officer, shall be...citizen from oppression and injustice on the other.12. This Court in Balbir Singh [(1994) 3 SCC 299] referring to Miranda v. State of Arizona [384 US 436 (1966)] while interpreting the...
...life and not to put an end to life by not treating the patient. The members of the family may remain in a constant state of hesitation being apprehensive of many a social factor which include immediate.... However, the legal fulcrum has to be how Article 21 of the Constitution is understood. If a man is allowed to or, for that matter, forced to undergo pain, suffering and state of indignity because of...euthanasia involves taking specific steps to cause the patient's death such as injecting the patient with some lethal substance i.e. sodium pentothal which causes, in a person, a state of deep sleep in a few...
...respect for that august body, the Legislature of the State; but, we are under a duty, enjoined on this Court by Art. 32 of the Constitution, to protect the rights of the citizens who in theory...SC1461 (648)
R 1982 SC 710 (21)
ACT:
State Legislature, Privilege of-Power to Prohibit Publication of proceedings including portions expunged...the matter of freedom of speech, etc., in the State Legislature. It was impossible to contend that Art. 194(3) was not subject to the provisions of the Constitution. Under Art. 194(1) it was made...
...effect is the judgment of the High Court of Fiji in Dhirendra Nadan v. State, Case No. HAA0085 of 2005, where a Section similar to Section 377 was held to be inconsistent with the constitutional right.... A section of people or individuals who exercise their choice should never remain in a state of fear. When we say so, we may not be understood to have stated that there should not be fear of law...constitutionality is merely an evidentiary burden initially on the person seeking to challenge the vires of a statute and once any violation of fundamental rights or suspect classification is prima...
...Statute requiring State employees to take a loyalty oath. Justice Douglas, speaking for the majority, observed while striking down the provision that:“Legitimate legislative...so as to damage the basic features of the Constitution or so as to destroy its basic structure. The question for consideration in this group of petitions under Article 32 is whether Sections 4 and 55...emasculate those basic elements or fundamental features. The building of a welfare State, the learned Judges said, is the ultimate goal of every Government but that does not mean that in order to build a...
...summoning of the House of legislature and its provisions are similar to that of Article 85. Article 213 confers legislative powers on the Governor during the recess of State Legislature by promulgating.... And a similar ruling has been made in other analogous cases. But ‘the exemption of State agencies and instrumentalities from national taxation is limited to those which are of a strictly governmental...of the Statute of Westminster was to remove the fetter which lay upon the Irish Free State Legislature, by reason of the Colonial Laws Validity Act. That Legislature can now pass Acts repugnant to an...
...well as to liabilities imposed (Hayes v. State of Missouri, (1887) 120 U.S 68 : 30 Law. Ed. 578), & we see no reason why Article 14, which provides...provision for the vesting of the three principal governmental functions in separate depts. of State; it is similar to the Indian Constitution—but therein differs from the American—in that the executive...also in this country many similar instances of corpns. having been created by Statute, the Damodar Valley Corpn. Act (Act No. XIV of 1948) being a case in point. In our opinion the State Legislature...
...the political-executive. The same is not being analysed herein for reasons of brevity. Suffice it to state that the same is also a joint exercise with a similar approach...many State High Courts as is possible. The convention in vogue is to maintain regional representation. Thus, the first proviso under Section 5(2) is liable to be struck down and set aside. Section 6(1...try out a monarchy or a dictatorship or to convert India into a religious State for about ten or fifteen years and see how the experiment works. Nor is it possible to suspend the rule of law or take...
...to confer. Similar reference was made to clause (2) of Article 138, wherein further jurisdiction could be entrusted to the Supreme Court, when agreed to, by the Government of India and by any ...similar participatory role to the judiciary and the political-executive. The same is not being analysed herein, for reasons of brevity. Suffice it to state, that the same is also a joint exercise, with.... One of our articles makes it easy for the State Governments to introduce separation of executive from judicial functions and placing the magistracy which deals with criminal cases on similar...
...Parliament may amend the statute to bring it in conformity with the intention and that too by a simple majority. The position so far as our country is concerned is similar to that of America and if any...:“In order to arrive at the intention of the legislature, the state of law and judicial decisions antecedent to and at the time the statute was passed are material matters ...of all High Courts. Before making the panel, it is manifest that the State Government also would have to be consulted, which is also the requirement of the statute. This is, however, a very complex...
...of the Abkari Act, which are in pari materia with Sections 31 and 32 of the Punjab Act, are referable to Entry 51 alone. As Entry 51 puts an embargo on the State...). Indisputably, the State while imposing import duty has exercised its power under the statute. The impugned notifications in no uncertain terms and unequivocally refer to the source of power therefor. The...functions of the State to impose a fee or tax in terms of the provisions of the statute is a legislative function. Such legislative function must be attributed to the source of the State's power in...
...else. She is entitled in law to lead a life in the similar manner as she would have lived in the house of her husband. That is where the status and strata come into play, and that is where the...case urgent hearing is required, preference is to be given to such case and short dates are to be given. In this case the petitioners state that they are destitutes and without any means of.... 32. In Chandra Shashi v. Anil Kumar Verma, (1995) 1 SCC 421, the Supreme Court observed that to enable the Courts to ward...
...the State Legislature providing for 5% reservation to 52 Muslim communities in Maharashtra. 32. C.A.No.3128 of 2020 arising out of Writ Petition (C...by the Bombay High Court in Sanjeet Shukla vs. State of Maharashtra (WP 3151/2014) thereby granting stay to a similar enactment and ordinance of the State, which is pending for...have also advanced the similar submissions as advanced by the State of Maharashtra that 102ndConstitutional Amendment shall not take away power of the legislative/executive power of the State to...
...vehemently argued that the prosecution has failed to prove the case against the appellants. 9. Learned counsel appearing on behalf of the State has supported the judgment and order...Sh.Narender marked exhibit S-1(1)(A) revealed that questioned voice marked exhibit Q-1(1)(A) was similar to the specimen voice marked exhibit S-1(1)(A) in respect of their linguistic and phonetic...features. The voice spectrographic examination of questioned voice samples revealed that the questioned voice samples marked were similar to specimen voice samples marked in respect of their format...
...a new statute which called for the convicted murderer to be, instead, incarcerated in solitary confinement in the state prison during the month prior to his execution.8 Unhappily, when the legislature....
32. What emerges, from the statements of PW1- Anil Chauhan, PW2-Anusuiya and PW4-Alka Chauhan, enumerated hereinabove, is that the deceased had gone to the forest at 02.00 p.m. The appellants have.... State of M.P.) The principle to be followed by the appellate court considering the appeal against the judgment of acquittal is to interfere only when there are...
...a new statute which called for the convicted murderer to be, instead, incarcerated in solitary confinement in the state prison during the month prior to his execution.8 Unhappily, when the...thirty-one states with capital punishment and the additional state with death-sentenced inmates, only one-Missouri--has chosen to abolish death row and fully integrate death-sentenced prisoners with...appellant has vehemently argued that the prosecution has failed to prove the case against the appellant. 4. Learned counsel appearing on behalf of the State has prayed for...
...legislature had passed a new statute which called for the convicted murderer to be, instead, incarcerated in solitary confinement in the state prison during the month prior to his execution.8...appellants were acquitted under Sections 201/34 IPC. All the sentences were directed to run concurrently.2. The State Government has also filed the Criminal Reference No. 01 of 2014 for...failed to prove its case against the appellants.8. Mr. Amit Bhatt, Dy. Advocate General appearing on behalf of the State has supported the impugned judgment and order dated 27.01.2014...